Construction Site Accidents in Fort Myers: Holding Negligent Parties Accountable

Construction sites rank among the most high-risk workplaces in Fort Myers. With ongoing development across zip codes like 33901, 33905, 33913, and 33967, serious injuries are unfortunately common. If you or a loved one has been injured on a job site, you may be entitled to compensation beyond workers' compensation—especially if negligence was involved. Here's what you need to know about construction accident liability and legal rights.

Lee County, particularly Fort Myers, is experiencing rapid development. As of 2024-2025, major projects in the area include:

• Downtown Fort Myers River District Revitalization (zip code 33901)
• Verandah Community Expansion in East Fort Myers (33905)
• Skywalk Fort Myers Luxury Apartments off Colonial Blvd (33913)
• Widening of Daniels Parkway (33912, 33966)

With these large-scale developments, both construction activity and risk have spiked. 

Construction workers and even bystanders can suffer life-altering injuries on or near job sites. Some of the most common types of construction accidents in Fort Myers include:

• Falls from scaffolding, ladders, or roofs
• Being struck by falling tools, debris, or heavy equipment
• Electrocutions due to exposed wires or faulty equipment
• Caught-in or caught-between accidents, such as being pinned by machinery
• Slips and trips due to uneven terrain, holes, or unmarked hazards

1. Lack of Proper Safety Training: Workers who aren't trained on job-specific hazards or equipment are more likely to make dangerous mistakes, thus increasing the chance of serious injuries or fatalities.
2. Failure to Use Personal Protective Equipment (PPE): Not wearing required safety gear - like hard hats, harnesses, or eye protection - leaves workers vulnerable to head trauma, falls, and chemical exposure.
3. Unsafe Work Environments or Poorly Maintained Equipment: Construction zones with exposed wiring, unstable scaffolding, or malfunctioning machinery pose significant hazards to both workers and bystanders.
4. Negligence by Contractors, Subcontractors, or Site Supervisors: When site managers ignore safety protocols or cut corners to save time or money, they create dangerous conditions that often lead to preventable accidents.
5. Inadequate Supervision or Lack of OSHA Compliance: Job sites without proper oversight or routine safety inspections are more likely to violate OSHA standards - putting everyone on-site at risk of injury.

These incidents aren't just "accidents" - many are the result of negligence or unsafe practices.

In Florida, liability for a construction injury can extend beyond your employer. Depending on the facts, one or more of the following parties could be responsible:

Under Florida law, employers and contractors are legally obligated to provide a safe work environment. If they neglect this responsibility, they may be held financially liable for any resulting injuries.

Time is critical when you're hurt on a construction site. Here are five essential steps you should follow to protect your health and legal rights:

1. Seek Immediate Medical Attention – Getting a medical evaluation and having everything properly documented, even if your injuries appear minor, is essential.
2. Report the Accident – Notify your supervisor, site manager, or employer right away.
3. Document the Scene – Take photos of where and how the accident happened, if you’re able.
4. Get Witness Statements – Co-workers or nearby workers can provide valuable testimony.
5. Contact a Construction Injury Lawyer – Before speaking with insurers, consult a Fort Myers personal injury attorney.

In most construction site accidents, injured workers will first file a workers’ compensation claim. But that’s not your only option.

You may be eligible for a third-party claim in addition to workers’ comp if:

• A subcontractor or third party caused your injury
• The property owner was negligent
• A defective product or machine was involved

1. Employer Denial of Fault
   • Your employer or contractor may claim that your injury wasn't work-related or was caused by your own negligence, making it harder to receive fair compensation.
2. Multiple Liable Parties Blaming Each Other
   • In cases involving several contractors or subcontractors, each party may deny responsibility and shift blame, delaying your claim and complicating liability.
3. Insurance Companies Offering Lowball Settlements
   • Insurers often prioritize their bottom line and may offer you a settlement that doesn't fully cover your medical bills, lost wages, or long-term recovery costs.
4. Difficulty Proving Third-Party Negligence
   • Establishing that someone other than your employer, such as the property owner or equipment manufacturer, was negligent often requires detailed investigation and legal strategy.
5. Deadlines and Procedural Errors
   • Missing Florida's strict workers’ compensation deadlines or failing to follow proper reporting steps can result in lost benefits or dismissed claims.

A knowledgeable attorney can investigate the scene, gather evidence, and pursue maximum compensation.

In Fort Myers and Lee County, workers and residents can access several key safety and legal resources:

• OSHA (Occupational Safety & Health Administration)
  • Oversees construction safety compliance in Florida
  • www.osha.gov
• Florida Department of Financial Services – Workers’ Comp
  • For official claims and benefits: www.myfloridacfo.com
• Wolfson & Leon – Fort Myers Personal Injury Attorneys
  • Experienced in construction injuries, premises liability, and negligence claims
  • 📞Call 239-777-9954 or visit https://fortmyers.wolfsonlawfirm.com

It depends. Liability can fall on a general contractor, subcontractor, property owner, or equipment manufacturer, depending on the injury.

Yes. Along with filing a workers' compensation claim, you may also have the right to file a lawsuit against a third party. This is especially true if your injury was caused by another contractor or a defective product.

If you weren't working at the site and were injured due to unsafe conditions, you could have a premises liability claim against the property's owner, contractor, or another responsible party for failing to maintain a safe environment.

Florida's statute of limitations is 2 years for personal injury claims and 30 days to report a work-related injury for workers’ comp.

Yes. Construction cases are complex, often involving multiple companies, OSHA violations, and conflicting insurance policies. Working with a skilled lawyer helps maximize your recovery.

Construction sites should be built on safety - not just bricks and steel. If you or a loved one has been injured on a construction site in Fort Myers, you deserve to understand your rights and hold negligent parties accountable.

Let Wolfson & Leon, experienced Fort Myers personal injury attorneys, fight for the compensation you deserve. 📞Call 239-777-9954 today for a free consultation.